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UTICA MUTUAL INSURANCE CO. v. POTOMAC IRON WORKS, INC.

No. 16308.

300 F.2d 733 (1962)

UTICA MUTUAL INSURANCE COMPANY, a corporation, to its own use and to the use of Robert L. Burton, Jr., Appellant, v. POTOMAC IRON WORKS, INC., a corporation, and George Hyman Construction Company, a corporation, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 23, 1962.

Attorney(s) appearing for the Case

Mr. Justin L. Edgerton, Washington, D. C., with whom Messrs. R. Harrison Pledger, Jr., Charles E. Pledger, Jr., and John F. Mahoney, Jr., Washington, D. C., were on the brief, for appellant.

Mr. James C. Gregg, Washington, D. C., with whom Mr. Hugh Lynch, Jr., Washington, D. C., was on the brief, for appellee Potomac Iron Works, Inc.

Mr. David N. Webster, Washington, D. C., with whom Mr. Paul R. Connolly, Jr., Washington, D. C., was on the brief, for appellee George Hyman Construction Company. Mr. Jeremiah C. Collins, Washington, D. C., also entered an appearance for appellee George Hyman Construction Company.

Before PRETTYMAN, BAZELON and BASTIAN, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the District Court sustaining appellees' (defendants) motions to dismiss appellant's (plaintiff) complaint. The complaint was filed by Utica Mutual Insurance Company (Utica), insurance carrier of Horner Elevator Company, "to its own use and to the use of Robert L. Burton, Jr."

While working on a construction job in Virginia for his employer Horner Elevator Company, subcontractor, whose principal place of business...

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